(Ottawa, ON)— The Assembly of First Nations (AFN) today responded to the Auditor General of Canada’s fall 2016 report, Preparing Indigenous Offenders for Release. The report finds significant gaps in programs offered to Indigenous offenders prior to receiving parole; time lags that inhibit the ability of offenders to ready themselves for reintegration into society; and a lack of response to the specific needs of Indigenous offenders.

“The Auditor General’s report on correctional interventions for Indigenous offenders is deeply concerning,” said AFN National Chief Perry Bellegarde. “The report finds that First Nations people are not getting access to the necessary programs in a timely manner while incarcerated, and do not receive the same supports as non-Indigenous offenders once they’re released. This is not only unacceptable – it’s a tragedy that compounds the effects of residential schools and is out of step with reconciliation efforts.”

Today’s Auditor General’s report states that only three percent of the Canadian adult population is Indigenous, yet Indigenous people comprise 26 percent of all offenders in federal institutions. Indigenous women make up 36 percent of female offenders in custody and are the fastest-growing population in the federal correctional system.

“We know that the current justice system is failing First Nations. It’s time to acknowledge institutional shortfalls, and work toward First Nations-led solutions,” added British Columbia Regional Chief, Shane Gottfriedson, who holds the AFN portfolio for Justice. “Access to Elders and healing lodges have shown to be effective in reducing offenders’ likelihood of reoffending. These and other culturally-based programs and supports must be made accessible in a timely manner in order to ensure successful rehabilitation. This report illustrates clearly why First Nations-led restorative justice systems are a critical component to closing the gap in the quality of life for First Nations citizens. Actions speak louder than words.”

Correctional Service Canada is required to support the successful reintegration of offenders into the community. The report found that those offenders who are afforded the opportunity for a gradual and structured release are less likely to reoffend. It also called on CSC to make greater efforts to fulfil these obligations.- - -

Audit at a GlanceReport 3—Preparing Indigenous Offenders for Release—Correctional Service Canada

Why we did this auditThis audit is important because Correctional Service Canada is mandated to provide programs and interventions that are responsive to the unique needs of Indigenous offenders.

What we concludedWe concluded that Correctional Service Canada provided correctional programs to Indigenous offenders to assist with their rehabilitation and successful reintegration into the community, but did not do so in a timely manner. Correctional Service Canada staff did not adequately define or document how offenders’ participation in culturally specific correctional interventions contributed to their potential for successful reintegration into the community. As well, staff was not provided with sufficient guidance or training on how to apply Aboriginal social history factors in case management decisions.

What we foundReleases into the community

Overall, we found that of the Indigenous offenders who were first released from custody to serve the remainder of their sentences in the community in the 2015–16 fiscal year, very few had been released on parole: 69 percent were released at their statutory release dates. Moreover, we found that three quarters of Indigenous offenders who were released at their statutory release dates were released directly into the community from maximum-security (14 percent) and medium-security (65 percent) institutions, limiting their ability to benefit from a gradual release supporting successful reintegration.

We found that significantly fewer Indigenous offenders were released on parole relative to non-Indigenous offenders. In the 2015–16 fiscal year, 31 percent of Indigenous offenders were released on parole, compared with 48 percent of non-Indigenous offenders.

These findings are important because Correctional Service Canada is required to support the successful reintegration of offenders into the community. Offenders who have more time to benefit from a gradual and structured release into the community under supervision to the end of their sentences are less likely to reoffend.

Most releases of Indigenous offenders were directly from maximum- or medium-security institutionshttp://www.oag-bvg.gc.ca/internet/English/parl_oag_201611_03_e_41832.html#hd4aRecommendation. Correctional Service Canada should ensure that Indigenous offenders are assessed for a possible reduction in their security level following a significant event—such as the successful completion of a correctional program—to support their reintegration.

Overall, we found that Indigenous offenders did not have timely access to Correctional Service Canada’s correctional programs, including those specifically designed to meet their needs. We found that 20 percent of Indigenous offenders were able to complete their correctional programs by the time they were eligible to be considered for conditional release by the Parole Board. We also found that case files did not document how offenders’ participation in Indigenous correctional interventions, such as Healing Lodges or Pathways Initiatives, contributed to their potential for successful reintegration into the community.

These findings are important because Correctional Service Canada is required under the Corrections and Conditional Release Act to provide programs and practices that address the unique needs of Indigenous offenders.http://laws-lois.justice.gc.ca/eng/acts/C-44.6/

Access to culturally specific correctional programs was limitedhttp://www.oag-bvg.gc.ca/internet/English/parl_oag_201611_03_e_41832.html#hd4cRecommendation. Correctional Service Canada should ensure that Indigenous offenders have timely access to correctional programs—including culturally specific programs—according to their needs and preferences, to support their successful reintegration.

The impact of culturally specific correctional interventions was not assessedhttp://www.oag-bvg.gc.ca/internet/English/parl_oag_201611_03_e_41832.html#hd4dRecommendation. Correctional Service Canada should examine the extent to which Pathways Initiatives and Healing Lodges contribute to the timely and successful release of offenders into the community and how they may be better utilized. Correctional Service Canada should develop guidelines and training for staff working with Indigenous offenders on how to demonstrate the impact of culturally specific interventions on an offender’s progress toward successful reintegration into the community.

Consideration of an offender’s Aboriginal social history

Overall, we found that Correctional Service Canada staff did not adequately consider Aboriginal social history factors in their case management decisions.

We also found that the information that Correctional Service Canada staff used to assess Indigenous offenders for their security levels and required correctional programs was limited. Correctional Service Canada had not obtained many of the relevant official documents related to the offenders or their offences before completing the intake assessments.

We found that, on average, Indigenous offenders were classified at higher security levels, and were more likely to be referred to correctional programs, than non-Indigenous offenders.

This is important because, to ensure accuracy, Correctional Service Canada is required to use objective and verifiable information to determine an offender’s security level and correctional plan. Moreover, Correctional Service Canada policy requires parole officers to consider an offender’s Aboriginal social history throughout the case management process.

Assessment tools indicated higher risk for Indigenous offendershttp://www.oag-bvg.gc.ca/internet/English/parl_oag_201611_03_e_41832.html#hd4fRecommendation. Correctional Service Canada should explore additional tools and processes to assess the security classification of Indigenous offenders, including the development of structured guidance for the consideration of an offender’s Aboriginal social history.

Recommendation. Correctional Service Canada should use the most appropriate assessment tools available to refer Indigenous offenders to correctional programs.

Consideration of Aboriginal social history was insufficienthttp://www.oag-bvg.gc.ca/internet/English/parl_oag_201611_03_e_41832.html#hd4gRecommendation. Correctional Service Canada should develop structured guidance to support the consideration of Aboriginal social history factors in case management decisions. It should then ensure that staff are adequately trained on how to consider Aboriginal social history in case management decisions.